• Removal of illegally built house on my land

I bought a land 20 years ago. From that time only a 
Kaccha house was built on my land , now he is trying to built a pacca house inside his occupied area.
According to records he doesn't has any property in this land. He has a 0.12 hectare land next to this land which is occupied by him only .What is the scope if l file a case for removal of his house from my land. I want to file a case in civil court
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

`. if you are rightful owner of the property then the said person has no right of constructions in your land.

2.Howeevr if he continues to do so then you can file suit for declaration and mandatory injunction so his structure is removed from your land.

3. meet a local lalwyer to file such case asap.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

file suit to evict the trespasser from your land

2) enclose copy of sale deed by which you had purchased the land

3) seek injunction restraining trespasser from carrying on any construction on your land

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

you are absolute owner of land

2) you have right to evict the encoracher who does not have right , title on the land

3) however if he has been in continuous possession for over 12 years he can claim adverse possession as defence

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

You have to file a case for mandatory injunction, ejectment and possession of your landed property by removing the structure illegally built in your land by the defendant.

What were you doing all these 20 years without taking any action on this encroachment.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

But he has a house built on it before the purchase of land

What did you do to remove his house at the time of purchasing the property?

You have to file a civil suit immediately seeking the relief and remedy

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

1. Your remedy in this scenario is to file a suit for permanent injunction and also for demolition of encroachment he has made on your land. It has to be filed in the competent civil court which can also grant you temporary injunction in your favour.

2. Consult a lawyer with a copy of the title deeds.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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